(영문) 제주지방법원 2015.05.19 2014가단44405

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(영문) 제주지방법원 2015.05.19 2014가단44405

청구이의

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1. The defendant's order for payment of loans against the plaintiff is based on the original copy of the payment order for the defendant's loan claim No. 2004 tea553.

Reasons

1. Basic facts

A. The retail Financial Support Center Co., Ltd. (hereinafter “Nonindicted Company”) received a payment order against the network C for the loan claim (hereinafter “instant payment order”) from the Jeju District Court 2004 tea553, and the instant payment order was finalized on March 6, 2004.

B. On September 11, 201, the deceased died, and the Plaintiff and D, the inheritor, received the declaration of renunciation of inheritance on February 1, 2011.

C. On October 7, 2012, Nonparty Company received an execution clause of succession to the instant payment order against the Plaintiff and D.

On March 24, 2014, Nonparty Company transferred to the Defendant the claim against the Plaintiff and D on the instant payment order, a successor to the Deceased, and notified the Plaintiff of the fact of transfer on April 15, 2014.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 6, 7-1, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, since the plaintiff renounced the inheritance of the deceased's property, it shall not be deemed that the non-party company did not inherit the deceased's debt. Thus, the payment order of this case shall not be effective against the plaintiff.

Therefore, the plaintiff's assertion is justified, and compulsory execution based on the payment order of this case is rejected against the plaintiff.

B. As to this, in light of the fact that the Plaintiff renounced inheritance at the time three months passed after the death of the deceased, the Defendant asserts that the Plaintiff disposed of inherited property and renounced inheritance after the death of the deceased, and thus, the waiver of inheritance is not effective. Therefore, it is difficult to confirm that the Plaintiff disposed of inherited property of the deceased solely on the ground that the Plaintiff renounced inheritance at the time of the lapse of three months after the death of the deceased, and there is no other evidence to acknowledge this differently. Therefore, the Defendant’s argument

3. The plaintiff's claim is reasonable and acceptable. It is so decided as per Disposition.

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